Senior Advocate of Nigeria (SAN), Festus Keyamo, has said Bobrisky (Idris Okuneye) can not go to jail for admitting that he is an homosexual except caught in the act.
Bobrisky was reported to have been arrested by the Lagos State Police Command at Lekki after he publicly admited that he was gay in which has been deleted.
However, frontline lawyer and Keyamo speaking on the to newsmen on the arrst he said that for Bobrisky to go to jail or be arrested for homosexuality he has to be caught in the act, “For me, you have to be caught in the act,” he said.
“Yes, it may amount to corrupting public moral when you go on social media to announce you are gay but we are talking about the law here and not sentiment and if we are talking about the law, the person has to be caught in the act.”
“Except the person says he is gay and refers to a particular gay act that can be verified. For example, if Mr. A comes out on social media to say I am a thief, he cannot be arrested because his declaration that he is a thief cannot be linked to a particular act of stealing.”
“Anybody can come out to say I am a kidnapper but if you do not link that declaration to a particular incident that happened, that person cannot be arrested.”
“So also, if a person comes out to say I am gay and you can’t link it to a particular gay act that actually happened or that he was caught in the act, I think it is wrong for such a person to be arrested.”
“You can only be arrested when you consent to the act that can be verified. He can be arrested for saying that he is gay but it must be linked to a gay act that happened. You cannot be arrested for just saying you are gay,” Keyamo said.